Court : Supreme Court of India
Decided on : Sep-19-2003
Reported in : AIR2003SC3342; 2003(2)ALD(Cri)761; 2004(1)ALT12(SC); 2003CriLJ4967; [2004(1)JCR188(SC)]; JT2003(Suppl2)SC264; 2003(7)SCALE643; (2003)11SCC293
..... of the penal code and sentenced to undergo rigorous imprisonment for a period of two years. respondent nos. 1, 2 and 4 were also convicted under section 3 of the explosive substances act and each one of them was sentenced to undergo rigorous imprisonment for two years. all the sentences, however, were ordered to run concurrently. so far as the other ..... prosecution case inasmuch as when immediately after registering the case, he inspected the place of occurrence, dead body was found in the field in question together with signs of bomb explosion.9. turning now to the ocular version of the occurrence given by pws 1 to 4, who claim to be eyewitnesses, it may be stated that pws 1 and ..... 1/2' x 1/2'. blackening of skin present.8. according to the doctor, all the injuries except injury nos. 2, 5 and 7 could have been caused by explosion of country made bomb whereas injury nos. 2,5 and 7, which were incised wounds, could be by sharp edged weapon like hunting sickle. the doctor opined that the .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-17-2003
Reported in : 2004(1)CHN162
..... , we have found that in the subsequent judgment, viz. contai thana (supra), an argument was sought to be made about two clauses of sub-section (3) of section 10 of the tribunal act and this argument is noted in paragraph 5 of the judgment in contai thana (supra). but, no finding on the same has been reached by ..... the scope and extent of the judicial power which has been vested on such tribunals. after analysing different decisions of the supreme court and the factual aspect of litigation explosion and the huge arrears before the different high courts, the learned judges, in paragraph 93 of the said judgment at page 1154 of the report, held:(a) ..... , averments have been made, about alternative remedy. but from the said averments, this court cannot come to the conclusion that the remedyprovided under the act, viz. under section 49(4) of the said act is eitherinadequate or is one, which creates undue hardship on the applicant. in factthere is no such pleading.25. for the reasons aforesaid, this .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-15-2003
Reported in : 2004ACJ271
..... prove that the driver of the vehicle involved in the accident was guilty of rash and negligent driving.17. a claim for compensation, whether under section 140 or under section 166 of the act, shall be made by an application. the application shall be in such form and shall contain such particulars as may be prescribed. the form of ..... in each case. the tort of negligence is spread over more and more areas of tortious liability, keeping in tune with the hazards brought about by the automobile explosions and ever-increasing casualties and human pain and suffering arising out of road accidents.27. in the tort of negligence, breach of 'duty' is the chief ingredient ..... stated in column no. 22 and column no. 8 if we consider them conjointly. be that as it may, after the claimant instituted claim petition under section 166 of the act, the respondents fully understanding that the claimant has laid a claim for compensation against them attributing negligence on the part of the respondent no. 1 in .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-12-2003
Reported in : [2003(4)JCR290(Jhr)]
..... strictly complied the mandatory requirements of law. the licensing authority and the appellate authority therefore rightly held that the petitioner not only violated the mandatory provisions of explosive act and the rules but also violated the terms and conditions of the licence.9. so far, other charges are concerned, the commissioner-cum- appellate authority has ..... for storage of kerosene oil in a particular place under the provisions of explosive act and the rules made there under. it is the case of the petitioner that for the purpose of shifting his place of business to kasidih ..... storage tank of kerosene oil without obtaining permission and licence of the chief controller of explosive and further failed to give satisfactory explanation with regard to all other charges.8. kerosene oil being an explosive substance as defined 'in the explosive act a person has to obtain licence for dealing in the business of kerosene oil or .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-10-2003
Reported in : 2003(6)ALD299; 2003(5)ALT705
..... and rejected.' the commissioner of police in exercise of the power conferred upon him under clauses (f), (g) and (h) of sub-section (1) of section 21 of the hyderabad city police act, 1348 fasli promulgated the rules with the assent of h.e.h. the nizam's government known as 'the rules relating to places of public ..... to the public street, by persons other than government or municipal officers authorised in this behalf, (iv) the carrying through public streets or public places gunpowder or other explosive substances, (v) blasting, (g) regulating the entrance or exit at any place of public amusement or place of public entertainment or at any meeting or public ..... theatre, music and dancing hall, billiard room, gymnasium or any other place allotted for such purpose'. 'public place of entertainment' is also defined in section 3 (h) of the police act, which reads; 'public place of entertainment' means any enclosed or open place to which the public have access and where any kind of articles of food .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Sep-05-2003
Reported in : 2004(1)JKJ48
..... orders of dismissal in respect of each of these employees were passed separately in exercise of powers vested with the governor under proviso (c) to sub-section (2) of section 126 of the constitution of jammu and kashmir (hereinafter referred to as 'the state constitution'). respondents in the above seven letters patent appeals and petitioners ..... minister was assassinated by two members of her security staff. in connection with the murder, criminal case under sections 307, 302 and 120b of indian penal code read with sections 25, 27, 54 and 59 of the arms act was registered and the respondent was arrested in the said criminal case. a departmental enquiry was also ordered ..... in anti-national activities inasmuch as he had participated in activities leading to even use of explosives with a view to creating disturbance. he, in fact had been detained twice under the provisions of jammu and kashmir public safety act, 1978, though the orders of detention had been quashed by the court. in short, .....
Tag this Judgment!Court : Chennai
Decided on : Sep-01-2003
Reported in : 2003(1)CTC78
..... a fine of rs. 250 with a default sentence of three months' rigorous imprisonment. a4 to a14 were also charged under section 3 of the explosive substances act framed under charge no. 15 and under section 4(b) of the said act framed under charge no. 16 and each one of them was sentenced to undergo rigorous imprisonment for a period of three years ..... under each charge. charge no. 17 was framed against a4 to a14 under section 307, ipc and on finding them guilty, the ..... and therefore, an eviction petition in o.p.no. 42 of 1989 was filed against them before the special deputy collector (revenue), salem, under section 3(2)(b)(c) of the cultivating tenants protection act. an order of eviction was passed on 20.12.1991 in favour of p.w.14 and the said order stands marked as ex.p-3 .....
Tag this Judgment!Court : Orissa
Decided on : Aug-28-2003
Reported in : 2004(I)OLR70
..... including the appellant were arrested who faced their trial for alleged commission of offences under sections 457/398/216-a of indian and penal code besides section 9-b(b) of the indian explosive substances act and section 27 of the indian arms act. the learned trial court found all the accused persons not guilty of the offences under ..... sections 457/395/216-a of ipc and also section 9-b(b) of the indian explosive substance act and section 27 of the indian arms act and acquitted ..... them of the said charges. however, the trial court found the appellant guilty under section 412 ipc and convicted and sentenced him .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-28-2003
Reported in : 2003(5)ALD500; 2003(2)ALT(Cri)510
..... february 10, 1949 the judge, special court, red fort, delhi, convicted the petitioner for offences under section 3, read with section 6, of the explosive substances act, under section 4(b) and section 5 thereof; and for murder under section 302, read with section 109, of the indian penal code; for the first two offences he was sentenced to seven years' ..... no such provision is found in the indian penal code, code of criminal procedure or the prisons act. though the government of india stated before the judicial committee in the case cited supra that having regard to section 57 of the indian penal code, 20 years' imprisonment was equivalent to a sentence of transportation for ..... to predicate the time of his death. that is why the rules provide for a procedure to enable the appropriate government to remit the sentence under section 401 of the code of criminal procedure on a consideration of the relevant factors, including the period of remissions earned. the question of remission is exclusively .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-22-2003
Reported in : 2003(4)MPHT380
..... of facts are necessary for the disposal of this revision petition. suffice it to say, that the charge-sheet under section 3/5 of the explosive substances act, was filed in the committal court wherein an application under section 319 of the code was moved by the prosecution on 3-2-97 to array the applicant subhash chandra jain as ..... order. hence, this revision.3. in this revision petition, shri harpreet ruprah, learned counsel for the applicant has vehemently argued and submitted that the case under section 3/5 of the explosive substances act is triable by the court of sessions and hence the committal court was not enjoying any jurisdiction to allow the application filed under ..... section 319 of the code. to bolster his contention he has placed heavy reliance on the decision of the apex court in the case of raj kishore v. .....
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